STATE OF LOUISIANA v. JOHN AKA JAMES ELLIOT THOMPSON (2025)

Writ application granted. See per curiam.

JDH

JBM

PDG

JMG

Supreme Court of Louisiana June 03, 2025

SUPREME COURT OF LOUISIANA

No. 2025-KK-00349

STATE OF LOUISIANA

VS.

JOHN (AKA: JAMES) ELLIOT THOMPSON

On Supervisory Writ to the 21st Judicial District Court, Parish of Livingston

PER CURIAM

Writ granted. As noted by the appellate dissent, the trial court did not comply with the considerations and factors set forth in State v. Campbell, 06-286 (La. 5/21/08), 983 So.2d 810. The issue of the defendant's mental capacity to proceed shall be determined by the court in a contradictory hearing. C.Cr.P. article 647. While the ultimate decision regarding competency lies within the sound discretion of the trial court, an ad hoc “colloquy” cannot substitute for the expert evidence required by Code of Criminal Procedure article 644. Accordingly, this matter is remanded to the trial court to conduct a hearing in compliance with the provisions of the Code of Criminal Procedure.

Weimer, C.J., dissents. Crain, J., dissents. Cole, J., dissents.